Freedom of Information (Access Charges) Regulations 2004

Victorian Legislation Parliamentary Documents i Freedom of Information (Access Charges) Regulations 2004 S.R. No. 74/2004 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Revocation 2 5. Definitions 2 6. Charges 2 7. Charges for access to document in alternative form 2 8. Notice of charge 3 9. Calculation of deposit 3 __________________ SCHEDULE 4 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 74/2004 Freedom of Information Act 1982 Freedom of Information (Access Charges) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 29 June 2004 Responsible Minister: ROB HULLS Attorney-General DIANE CASEY Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to provide for— (a) the making of charges of amounts; and (b) the fixing of rates— for and in relation to access to documents and the provision of copies or transcripts of documents under the Freedom of Information Act 1982. 2. Authorising provisions These Regulations are made under sections 66 and 22(1A) of the Freedom of Information Act 1982. 3. Commencement These Regulations come into operation on 5 July 2004. -- 2 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 74/2004 Freedom of Information (Access Charges) Regulations 2004 2 4. Revocation The Freedom of Information (Access Charges) Regulations 1993 1 and the Freedom of Information (Access Charges) (Amendment) Regulations 2002 2 are revoked. 5. Definitions In these Regulations— "agency" includes Minister; "the Act" means the Freedom of Information Act 1982. 6. Charges An applicant who has made a request in accordance with section 17 of the Act is liable to pay a charge set out in or calculated in accordance with the Schedule. Note: This charge is in addition to the fee payable under section 17(2A) of the Act. 7. Charges for access to document in alternative form If— (a) access to a document to which a request relates may be provided in more than one form; and (b) the applicant has not requested access to the document in a particular form; and (c) the charge calculated in accordance with these Regulations for access to the document in the form given by the agency exceeds the charge calculated in accordance with these Regulations for access to the document in another form in which access could reasonably have been given— the charge payable by the applicant is to be calculated in accordance with these Regulations r. 4 -- 3 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 74/2004 Freedom of Information (Access Charges) Regulations 2004 3 for access to the document in the form that could have been given for the lowest reasonable cost. 8. Notice of charge For the purposes of section 22(3) of the Act, the greater amount is $50. 9. Calculation of deposit For the purposes of section 22(4) of the Act, the deposit the applicant will be required to pay is— (a) $25.00, if the amount of the charge does not exceed $100; or (b) 50% of the charge, if the amount of the charge exceeds $100. __________________ r. 8 -- 4 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 74/2004 Freedom of Information (Access Charges) Regulations 2004 4 SCHEDULE Regulation 6 Item No. Service charged for Charge 1. Charge for search time If the request relates to a document other than a document in relation to which a charge is applicable under item 7—a charge in respect of the search time. $20.00 per hour or part of an hour. 2. Charge for supervision If access to the document to which the request relates is given— (a) in the form of an opportunity to inspect the document under the supervision of an officer; or (b) in the case of a document that is an article or thing from which sound or visual images are capable of being produced—in the form of arrangements for the applicant to hear or view those sounds or visual images under the supervision of an officer— a charge in respect of the supervision time. $5.00 per quarter hour or part of a quarter hour. 3. Charge for providing black and white photocopy If access to the document to which the request relates is given in the form of provision of a black and white photocopy of the document, a charge in respect of providing the photocopy to the applicant. 20 cents per A4 page. 4. Charge for providing copy of document other than black and white photocopy If— (a) the request relates to a document other than a document in relation to which a charge is applicable under item 3; and The reasonable costs incurred by the agency in providing the copy. Sch. -- 5 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 74/2004 Freedom of Information (Access Charges) Regulations 2004 5 Item No. Service charged for Charge (b) access is given in the form of provision of a copy of the document— a charge in respect of providing the copy to the applicant. 5. Charge for arrangements to hear or view sound or visual image If— (a) the request relates to a document which is an article or thing from which sounds or visual images are capable of being produced; and The reasonable costs incurred by the agency in making the arrangements. (b) access is given in the form of arrangements to hear or view those sounds or visual images— a charge in respect of the arrangements to hear or view those sounds or visual images in addition to a charge in respect of the supervision time under item 2. 6. Charge for providing written transcript If— (a) the request relates to a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form; and (b) access is given in the form of the provision of a written transcript (with or without deletions) of the words recorded or contained in the document— a charge in respect of providing a written transcript. The reasonable costs incurred by the agency in providing the written transcript. Sch. -- 6 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 74/2004 Freedom of Information (Access Charges) Regulations 2004 6 Item No. Service charged for Charge 7. Charge for providing written document If the request is in respect of information that is not available in discrete form in documents of the agency and the agency could produce a written document by— The reasonable costs incurred by the agency in providing the written document. (a) the use of a computer or other equipment that is ordinarily available to the agency for retrieving or collating stored information; or (b) making a transcript from a sound recording held in the agency— a charge in respect of providing a written document. 8. Costs of suitably qualified health service provider providing explanation of health information if agency is a qualified health service provider If the request is in respect of an explanation of the contents of health information and the agency (being a suitably qualified health service provider) explains the health information. The reasonable costs incurred by the agency in providing the explanation calculated by reference to the time taken to provide the explanation, not exceeding— (a) $25 per quarter hour (or part of a quarter hour) spent in providing the explanation; or (b) $80— whichever is the lesser. Sch. -- 7 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 74/2004 Freedom of Information (Access Charges) Regulations 2004 7 Item No. Service charged for Charge 9. Costs of providing explanation of health information if agency is not a qualified health service provider If the request is in respect of an explanation of the contents of health information and a suitably qualified health service provider (not being the agency) explains the health information. The usual fee of the suitably qualified health service provider for a consultation of a comparable duration. 10. Summary of health information If the request is in respect of an accurate summary of health information and that summary does not exist before the request is made. The reasonable costs incurred by the agency in preparing the summary calculated by reference to the time taken to prepare the summary, not exceeding— (a) $25 per quarter hour (or part of a quarter hour) spent in preparing the summary; or (b) $80— whichever is the lesser. ═══════════════ Sch. -- 8 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 74/2004 Freedom of Information (Access Charges) Regulations 2004 8 ENDNOTES 1 Reg. 4: S.R. No. 129/1993 as amended by S.R. No. 44/2002. 2 Reg. 4: S.R. No. 44/2002. Endnotes -- 9 of 9 --